WHG notches another victory for our client before the Court of Appeals for Veterans Claims. The Court ordered the claim remanded after the parties agreed the Board of Veterans’ Appeals failed to provide adequate reasons for denying our client’s entitlement to Total Disability Individual Unemployability (TDIU).
Board Ignored Favorable Evidence Supporting TDIU
The Board must explain its decisions clearly, enabling veterans to understand the basis and allowing for effective judicial review. In this case, the Board relied on selective medical records indicating our client could perform daily activities, like walking two blocks without trouble.
However, the Board ignored numerous medical records that supported our client’s inability to work. In March 2014, he reported dizziness, lightheadedness, and dyspnea. In July 2014, he experienced increased shortness of breath, fatigue, and lower extremity edema, significantly limiting his activity. Subsequent records noted chest tightness, leg swelling, and worsening dyspnea.
By not addressing this favorable evidence, the Board failed its duty to consider all relevant information.
Failure to Apply Ray v. Wilkie Non-Economic Factors
The Board also erred by not properly assessing whether our client could maintain substantially gainful employment under the non-economic factors outlined in Ray v. Wilkie. Although he last worked full-time in 1999, the Board concluded he could engage in sedentary work without considering how his symptoms—chest tightness, shortness of breath, and leg edema—would impact his ability to perform such work.
Court Orders Remand for Proper Evaluation
The Court remanded the case, requiring the Board to provide an adequate explanation for its decision. The Board must now consider all favorable evidence and properly apply the non-economic factors affecting employability.
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